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Terms of Sale

By placing an order, the customer makes an offer to purchase a product under the following terms and conditions.

Users who access the site and wish to purchase the products on sale therein may do so only if they are natural persons whose aims in accessing www.claytonitalia.com are unrelated to any commercial, entrepreneurial or professional activity they may carry out. If the user does not possess such requisites, the sale may not be completed.

All orders are subject to availability and confirmation of order price. Shipping times may vary on the basis of availability in stock, and any guarantees or forecasts related to shipping times are restricted to Italy and subject to possible delays due to the postal service or force majeure, for which we shall not be held liable. You must be at least 18 years of age and hold a valid credit card or debit card issued by a bank we consider reliable in order to enter into an agreement with Essemoda . Essemoda reserves the right to refuse the order. If your order is accepted temporarily, we will inform you by e-mail. When you make an order, you undertake to ensure that all the details you provide are true and exact, that you are authorised to use the credit or debit card used for the order and that there are sufficient funds to cover the full value of the purchase. The cost of products and services for the foreign market (outside of Italy) might be different, depending on the trade policies of the destination country. All the specified prices may be subject to such variations.

ORDER AND ACCEPTANCE

When an order is made, you will receive confirmation by e-mail. This e-mail is merely a confirmation that the order has been received and does not constitute its automatic acceptance. The agreement will not be completed until we send you confirmation by e-mail that the products you have ordered are available and have been shipped. The final agreement will include only the number of those goods specified in the confirmation e-mail sent at the time of shipment..

WARRANTIES AND SPECIFICATION OF PRODUCT PRICES

Only products bearing the registered Clayton trademark are offered for sale on www.claytonitalia.com. Essemoda does not sell used or faulty products, or those whose quality is lower than the equivalent standards offered on the market. Clayton brand products purchased on www.claytonitalia.com are sold directly by Essemoda s.r.l.. with registered office in Italy at Via P.M. Vergara, 132, Frattamaggiore (Napoli). Tax Code No. and VAT N° 02558861213. The essential features of the products are shown on www.claytonitalia.com on each product information sheet. The images and colours of the products offered for sale on www.claytonitalia.com may however not correspond to the actual ones owing to the Internet browser and monitor used. Requests for purchase from countries not on the list of “Sales Countries” may not be accepted. All products are fitted with an ID tag. You should not remove the tag from purchased products since they form an integral part of the product. If you should exercise your right to withdraw, Essemoda is entitled to not accept the return of products which are lacking their ID tags, whose essential and quality characteristics have been altered or tampered with, or which are damaged.

PRICE AND AVAILABILITY

Product prices could be subject to updates. You should check the final purchase price before sending the order form. Whenever applicable, prices include VAT. Delivery costs will be added separately. These additional costs are clearly indicated when they apply and are included in the “total cost”.

Without prejudice to what is stated above, the evident error in the price on the category pages and on the product profiles as compared to the commonly known price of the selected product gives Essemoda the right to not confirm shipment and to immediately reimburse the purchase value the customer has paid without the customer being entitled to make any objections to it.

Customers will however be promptly notified by our Customer Service department.

4 PAYMENT

Once we receive your order we perform a standard pre-authorisation check on your payment card to ensure that there are sufficient funds to complete the transaction. The goods will not be shipped until this pre-authorisation check has been completed. We will charge payment to your card after the order has been temporarily accepted.

DELIVERY

International shipping is available for goods purchased on our site. Shipping and handling charges will depend on the value of the order, the country to which goods are to be sent and the delivery times the customer requests.

Our shipping cost are:

Italy: 4,90 € - Free over 49,00 €

Europe: 15,00 € - Free over 59,00 €

In the shopping cart page you can estimate shipping charges apply depending on the destination. The rate applied to the purchase will then be displayed in the checkout page.The goods we deliver will become property of the customer upon receipt.

Customers will become responsible for the goods as soon as we have delivered them, also in the event of any loss or damage they may sustain from that moment onwards.

Customers are asked to refuse the package if it should prove to be tampered with or in poor condition when delivered, and to promptly notify our Customer Service department. We will immediately check and send you a quick reply. To see a list of the countries to which goods may be sent click the text “Delivery and Shipping Cost” in the site footer.

You are entitled to withdraw from the agreement without providing any grounds and without any penalty within 14 business days from receipt of the products. To exercise your right of withdrawal, you must inform us of your decision to withdraw from this agreement in an explicit declaration. Unregistered users can fill in the application made online at the following link

www.claytonitalia.com/eu/awrma/guest_rma/index

(for the European market)

claytonitalia.com/int/awrma/guest_rma/index

(for the International market)

Ensure that the products are in the same condition in which you received them with all the warranty seals still attached. You should send the package in such as way as to cover the original label bearing your address. Please send the goods back or deliver them to:

without undue delay and in any case within 14 days from the date you notified your withdrawal from this agreement. The deadline is met if you send the goods back before the period of 14 days expires. Remember that you can send returns only from the same country in which the order was made. If your return does not meet the terms and conditions listed above, it will be rejected and will not be refunded.

REFUND

After you return the products, Essemoda performs all necessary assessments of their conformity with the conditions and terms set out herein. If the assessments have a successful outcome, the company will issue a refund. Whatever the payment method you used, Essemoda makes the refund no later than 14 days after the date we receive your goods. The refund may be suspended until the goods are received or until the consumer has demonstrated that the goods have been sent back.

If the recipient of the products specified in the order form does not correspond with the person who has paid for their purchase, Essemoda will in any case refund the purchase price to the person who made the payment if the right to withdraw is exercised. In case of return, shipping is at the expense of customer.

PRODUCT ID TAG

All products sold by Essemoda are provided with an ID tag, which forms an integral part of the article. You should try on the product without removing the ID tag or since any products returned without will not be accepted.

DISCOUNT CODES

Discount codes to individual account holders or general promotional discount codes may periodically be offered at Essemoda ’s discretion. The account discount codes may be applied only after purchases are made using the account for which a discount code has been offered and registered and for the time period for which they are granted, only once the transaction has been completed. Promotional discount codes may be applied to all purchases or specific purchases made through this website.

OUR LIABILITY TO THE CUSTOMER

We decline all liability to those customers with whom an agreement has been entered into in the following cases: any loss of profit, earnings, business, income or goodwill; any data loss, damage or corruption; any loss or damage that does not constitute a reasonably foreseeable consequence of a violation of the contract by us or of our legal obligation to provide assistance. Loss or damage will be deemed “reasonably foreseeable” if at the time we and the customer enter into the agreement both of us consider this loss possible, or if the customer has informed us that such loss was foreseeable in the event of a breach of contract on our part or of our legal obligation to provide assistance.

None of the Terms of Sale set forth herein may negatively affect the customer’s statutory rights.

PERSONAL INFORMATION

When making an order through our site, our customers provide us with their personal information. We will use this personal information to process the order, deliver the goods and for a limited range of other purposes. The customer’s personal information will be collected and used in compliance with the terms of our Privacy Policy.

GENERAL TERMS AND CONDITIONS

The agreement between the customer and us is subject to Italian law.

Our or the customer’s failure to exercise, or exercise too late, the rights under this contract will not preclude their exercise thereafter, subject to legal requirements.

If any provision contained in the contract should be found to be invalid or not applicable by law, this clause will be removed without the remaining terms being affected.

You can contact our Customer Service department for further explanations regarding these terms and conditions at customerservice@claytonitalia.it.